Estate of Nora Kolczynski, Deceased, Matthew Hoffmeier, Executor - Page 18

                                       - 18 -                                         
          evidence indicating that DP could be used successfully for                  
          commercial or residential development in the reasonably near                
          future.  These facts, taken together, support a finding that the            
          highest and best use for DP was a mixed use.                                
               The testimony of Lucas Carter (Mr. Carter), the curator of             
          DP, also indicates the highest and best use for DP was a mixed              
          use.  Mr. Carter credibly testified that clear-cutting the                  
          standing timber on DP would have significant adverse effects, the           
          most significant being that wildlife would seek refuge elsewhere.           
          When questioned about the period before such wildlife would                 
          return, Mr. Carter estimated that it would likely take 15 to 20             
          years for the timberland to regenerate before that would occur.             
          The loss of wildlife and standing timber would clearly have a               
          negative effect on the recreational value of DP.                            
               After reviewing the record, we conclude that both the                  
          hypothetical buyer and seller having reasonable knowledge of all            
          relevant facts would not disregard either the recreational or the           
          timberland use.  Accordingly, DP’s highest and best use on the              
          valuation date was a mixed use of recreation and timberland, with           
          selective timber farming supporting the recreational value.                 
               5.   Valuation Method Analysis                                         
               The estate argues that a comparative sales approach is the             
          proper method to value DP.  Respondent, in contrast, contends               
          that a summation method should be used.  The summation method               






Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011